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AN ACT
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relating to the creation of a prostitution prevention program; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 169A to read as follows: |
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CHAPTER 169A. PROSTITUTION PREVENTION PROGRAM |
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Sec. 169A.001. PROSTITUTION PREVENTION PROGRAM; PROCEDURES |
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FOR CERTAIN DEFENDANTS. (a) In this chapter, "prostitution |
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prevention program" means a program that has the following |
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essential characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety, to |
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reduce the demand for the commercial sex trade and trafficking of |
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persons by educating offenders, and to protect the due process |
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rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to information, counseling, and services |
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relating to sex addiction, sexually transmitted diseases, mental |
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health, and substance abuse; |
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(5) a coordinated strategy to govern program responses |
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to participant compliance; |
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(6) monitoring and evaluation of program goals and |
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effectiveness; |
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(7) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(8) development of partnerships with public agencies |
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and community organizations. |
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(b) If a defendant successfully completes a prostitution |
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prevention program, regardless of whether the defendant was |
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convicted of the offense for which the defendant entered the |
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program or whether the court deferred further proceedings without |
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entering an adjudication of guilt, after notice to the state and a |
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hearing on whether the defendant is otherwise entitled to the |
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petition, including whether the required time has elapsed, and |
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whether issuance of the order is in the best interest of justice, |
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the court shall enter an order of nondisclosure under Section |
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411.081, Government Code, as if the defendant had received a |
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discharge and dismissal under Section 5(c), Article 42.12, Code of |
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Criminal Procedure, with respect to all records and files related |
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to the defendant's arrest for the offense for which the defendant |
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entered the program. |
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Sec. 169A.002. AUTHORITY TO ESTABLISH PROGRAM; |
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ELIGIBILITY. (a) The commissioners court of a county or governing |
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body of a municipality may establish a prostitution prevention |
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program for defendants charged with an offense under Section |
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43.02(a)(1), Penal Code, in which the defendant offered or agreed |
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to engage in or engaged in sexual conduct for a fee. |
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(b) A defendant is eligible to participate in a prostitution |
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prevention program established under this chapter only if the |
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attorney representing the state consents to the defendant's |
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participation in the program. |
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(c) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to participate in the |
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prostitution prevention program or otherwise proceed through the |
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criminal justice system. |
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Sec. 169A.0025. ESTABLISHMENT OF REGIONAL PROGRAM. The |
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commissioners courts of two or more counties, or the governing |
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bodies of two or more municipalities, may elect to establish a |
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regional prostitution prevention program under this chapter for the |
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participating counties or municipalities. |
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Sec. 169A.003. PROGRAM POWERS AND DUTIES. (a) A |
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prostitution prevention program established under this chapter |
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must: |
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(1) ensure that a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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program and while participating in the program; |
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(2) allow any participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide each participant with information, |
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counseling, and services relating to sex addiction, sexually |
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transmitted diseases, mental health, and substance abuse; and |
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(4) provide each participant with instruction related |
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to the prevention of prostitution. |
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(b) To provide each program participant with information, |
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counseling, and services described by Subsection (a)(3), a program |
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established under this chapter may employ a person or solicit a |
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volunteer who is: |
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(1) a health care professional; |
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(2) a psychologist; |
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(3) a licensed social worker or counselor; |
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(4) a former prostitute; |
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(5) a family member of a person arrested for |
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soliciting prostitution; |
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(6) a member of a neighborhood association or |
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community that is adversely affected by the commercial sex trade or |
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trafficking of persons; or |
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(7) an employee of a nongovernmental organization |
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specializing in advocacy or laws related to sex trafficking or |
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human trafficking or in providing services to victims of those |
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offenses. |
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(c) A program established under this chapter shall |
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establish and publish local procedures to promote maximum |
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participation of eligible defendants in programs established in the |
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county or municipality in which the defendants reside. |
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Sec. 169A.004. OVERSIGHT. (a) The lieutenant governor and |
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the speaker of the house of representatives may assign to |
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appropriate legislative committees duties relating to the |
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oversight of prostitution prevention programs established under |
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this chapter. |
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(b) A legislative committee or the governor may request the |
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state auditor to perform a management, operations, or financial or |
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accounting audit of a prostitution prevention program established |
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under this chapter. |
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(c) A legislative committee may require a county that does |
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not establish a prostitution prevention program under this chapter |
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due to a lack of sufficient funding, as provided by Section |
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169A.0055(c), to provide the committee with any documentation in |
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the county's possession that concerns federal or state funding |
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received by the county. |
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(d) A prostitution prevention program established under |
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this chapter shall: |
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(1) notify the criminal justice division of the |
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governor's office before or on implementation of the program; and |
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(2) provide information regarding the performance of |
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the program to the division on request. |
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Sec. 169A.005. FEES. (a) A prostitution prevention |
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program established under this chapter may collect from a |
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participant in the program a nonrefundable program fee in a |
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reasonable amount not to exceed $1,000, from which the following |
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must be paid: |
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(1) a counseling and services fee in an amount |
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necessary to cover the costs of the counseling and services |
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provided by the program; |
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(2) a victim services fee in an amount equal to 10 |
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percent of the amount paid under Subdivision (1), to be deposited to |
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the credit of the general revenue fund to be appropriated only to |
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cover costs associated with the grant program described by Section |
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531.383, Government Code; and |
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(3) a law enforcement training fee, in an amount equal |
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to five percent of the total amount paid under Subdivision (1), to |
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be deposited to the credit of the treasury of the county or |
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municipality that established the program to cover costs associated |
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with the provision of training to law enforcement personnel on |
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domestic violence, prostitution, and the trafficking of persons. |
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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or program director administering the |
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prostitution prevention program. The fees must be based on the |
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participant's ability to pay. |
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Sec. 169A.0055. PROGRAM IN CERTAIN COUNTIES MANDATORY. |
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(a) The commissioners court of a county shall establish a |
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prostitution prevention program if: |
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(1) the county has a population of more than 200,000; |
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and |
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(2) a municipality in the county has not established a |
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prostitution prevention program. |
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(b) A county required under this section to establish a |
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prostitution prevention program shall apply for federal and state |
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funds available to pay the costs of the program. The criminal |
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justice division of the governor's office may assist a county in |
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applying for federal funds as required by this subsection. |
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(c) Notwithstanding Subsection (a), a county is required to |
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establish a prostitution prevention program under this section only |
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if the county receives sufficient federal or state funding |
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specifically for that purpose. |
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(d) A county that does not establish a prostitution |
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prevention program as required by this section and maintain the |
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program is ineligible to receive from the state funds for a |
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community supervision and corrections department. |
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Sec. 169A.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE |
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REQUIREMENT. (a) To encourage participation in a prostitution |
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prevention program established under this chapter, the judge or |
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magistrate administering the program may suspend any requirement |
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that, as a condition of community supervision, a participant in the |
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program work a specified number of hours at a community service |
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project. |
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(b) On a participant's successful completion of a |
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prostitution prevention program, a judge or magistrate may excuse |
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the participant from any condition of community supervision |
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previously suspended under Subsection (a). |
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SECTION 2. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.0292 to read as follows: |
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Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS: |
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HEALTH AND SAFETY CODE. A nonrefundable program fee for a |
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prostitution prevention program established under Section |
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169A.002, Health and Safety Code, shall be collected under Section |
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169A.005, Health and Safety Code, in a reasonable amount based on |
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the defendant's ability to pay and not to exceed $1,000, which |
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includes: |
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(1) a counseling and services fee in an amount |
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necessary to cover the costs of counseling and services provided by |
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the program; |
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(2) a victim services fee in an amount equal to 10 |
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percent of the total fee; and |
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(3) a law enforcement training fee in an amount equal |
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to five percent of the total fee. |
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SECTION 3. Subdivision (2), Subsection (a), Section |
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772.0061, Government Code, is amended to read as follows: |
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(2) "Specialty court" means: |
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(A) a prostitution prevention program |
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established under Chapter 169A, Health and Safety Code; |
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(B) a drug court program established under |
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Chapter 469, Health and Safety Code; |
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(C) [(B)] a mental health court program |
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established under Chapter 616, Health and Safety Code; and |
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(D) [(C)] a veterans court program established |
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under Chapter 617, Health and Safety Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 484 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0; |
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May 24, 2013, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 24, 2013, House |
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granted request of the Senate; May 26, 2013, Senate adopted |
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Conference Committee Report by the following vote: Yeas 28, |
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Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 484 passed the House, with |
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amendments, on May 20, 2013, by the following vote: Yeas 115, |
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Nays 29, two present not voting; May 24, 2013, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 26, 2013, House adopted Conference Committee Report by the |
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following vote: Yeas 92, Nays 53, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |